Broomfield man rescued from Rock Creek during September floods could sue his rescuers

North Metro Fire Rescue engineer John Cook, left, hugs Roy Ortiz after news conference in September at which Ortiz thanks emergency responders who rescued him from Rock Creek. Ortiz might sue North Metro Fire Rescue claiming they did not rescue him soon enough.
(
David R. Jennings
)

A Broomfield man who was rescued from his submerged car during the September floods has filed papers indicating he might sue his rescuers and first responders.

Roy Ortiz was rescued by North Metro Fire Rescue District and others who responded to the scene after his car was washed off the road on Sept. 12. He says crews took too long to respond to the accident after he became trapped in his upside-down car near the intersection of U.S. 287 and Dillon Road in Lafayette.

He also claims the road should have been closed, thus the accident that left him trapped in the submerged car would never have happened.

No lawsuit has yet been filed, but Ortiz's lawyer, Aurora attorney Ed Ferszt, has filed a legal document that is a typical precursor to filing a lawsuit against a government agency.

A number of cars went into Rock Creek on Sept. 12, when Dillon Road washed out. Roy Ortiz, who was among those rescued from their vehicles, could sue emergency responders claiming they did not rescue him quickly enough.
(
David R. Jennings
)

The document, called a government immunity notice, is addressed to agencies in the cities of Boulder, Broomfield, Westminster and Lafayette. The document specifically names Boulder County sheriff's deputies, a member of the Westminster dive team, Broomfield and North Metro Fire Rescue District.

The document claims first responders, Boulder County Sheriff's deputy Jeannette Cunning and Sgt. Mike Linden, and an unnamed member of the Westminster dive team, failed to see Ortiz was trapped in the car, and that he ended up spending two hours submerged in Rock Creek until he was rescued.

In the document, Ferszt stated Ortiz survived “by pure grace.

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David Hughes, Boulder deputy county attorney, said Boulder will investigate the claim, “which is what we do with all notices of claim,” he said.

The document also states the road should have been closed and marked as dangerous.

If Broomfield had closed the road, Ortiz would not have suffered physical trauma, such as hypothermia and muscle spasms, and would not have suffered property damage and emotional distress, the document states.

Ortiz has incurred about $40,000 in medical bills from the accident, and about $500,000 in total damages, according to the document.

Sara Farris, a spokeswoman for North Metro Fire, said the document was sent to the fire department and other agencies who responded to the accident, but the fire department has not received word about further action.

Ferszt did not immediately respond to calls for comment from the Enterprise, but in a CBS 4 story, he said it was “unfortunate to have to try and cast liability and responsibility for this act of God on the men and women who risked their own lives.”

CBS 4 reported that Ortiz reluctantly filed a notice of intent to sue because he needs help paying medical bills.

Farris said North Metro realizes Ortiz's ordeal was traumatic, but said responders did all they could to rescue him.

“We sympathize with what he went through,” she said. “Given the challenging conditions, we feel our responders performed well and professionally.”

News of potential legal action comes nearly six months after Ortiz was rescued from his submerged car during the historic floods in September.

Ortiz, who was driving to work on Sept. 12 on Dillon Road near U.S 287, saw the street was washed out by flood waters. He tried to stop, but became trapped in his car when a bridge collapse caused him to slide off the road into Rock Creek.

In September, Ortiz said he called his wife when he fell off the road, then called 911. Before he could get out of his car, two more vehicles on the road crashed into the same creek, causing his car to flip over in the water.

Ortiz said he survived by positioning his head in a small air bubble near the back of his car, but the sound of the flood waters made it impossible for him to yell for help.

"Everywhere I moved, there was the water," he said. "Two hours was an eternity."

North Metro Fire personnel rescued him from his submerged car. Farris said records indicate rescuers had Ortiz out of the car in just a little more than an hour after the 911 call was received.

Ortiz and his rescuers shared an emotional moment after Ortiz was released from the hospital on Sept. 13, where, at a press conference, he thanked North Metro for rescuing him and said his faith in God helped keep him calm during the flood.

Jim Chalat, a Denver personal injury lawyer not related to the case, said it is not uncommon for people to sue public entities such as ambulance companies or fire departments. To win a case, however, the plaintiff must be able to show that the company showed “gross deviation from reasonable care” or that the plaintiff received care or services that caused them a significant or unreasonable injury.

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